Form 10-540 "Motion for Termination of Parental Rights - Children's Court" - New Mexico

What Is Form 10-540?

This is a legal form that was released by the New Mexico Courts - a government authority operating within New Mexico. As of today, no separate filing guidelines for the form are provided by the issuing department.

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  • Released on January 31, 2014;
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Download Form 10-540 "Motion for Termination of Parental Rights - Children's Court" - New Mexico

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10-540. Motion for termination of parental rights.
[For use with Rule 10-347 NMRA]
STATE OF NEW MEXICO
COUNTY OF ______________
________JUDICIAL DISTRICT
IN THE CHILDREN’S COURT
STATE OF NEW MEXICO ex rel.
CHILDREN, YOUTH AND FAMILIES DEPARTMENT
No. ___________
In the Matter of
__________________________, (a) Child(ren), and Concerning,
__________________________, Respondent(s).
MOTION FOR TERMINATION OF PARENTAL RIGHTS
COMES NOW the New Mexico Children, Youth and Families Department, Petitioner,
and in support of this Motion to Terminate Parental Rights, states as follows:
1.
________________ is an unmarried child born on ________,_____, in
_________ County, State of ______________. (Repeat for each child)
2.
________________ (name(s) of child(ren)) is/are placed in ______________
(type of placement). No person, other than Respondents named herein, claims to have custody or
visitation rights to the child(ren).
3.
________________ (name(s) of child(ren)) is/are residents of New Mexico and
have been for more than six (6) months preceding the filing of this Motion for Termination of
Parental Rights. ________________ (name(s) of child(ren)) was/were placed by Petitioner from
___________ County, New Mexico.
4.
This action is governed by the New Mexico Children’s Code, Section 32A-1-1
NMSA 1978, et seq., and concerns minor child(ren) who is/are located in the State of New
Mexico.
5.
_______________ (name(s) of child(ren))’s mother is __________________, and
1
Petitioner seeks to terminate the parental rights of this individual.
6.
________________ (name(s) of child(ren))’s father is __________________, and
2
Petitioner seeks to terminate the parental rights of this individual.
7.
The grounds upon which termination of parental rights is sought are: (Select
appropriate option(s) and delete the rest)
10-540. Motion for termination of parental rights.
[For use with Rule 10-347 NMRA]
STATE OF NEW MEXICO
COUNTY OF ______________
________JUDICIAL DISTRICT
IN THE CHILDREN’S COURT
STATE OF NEW MEXICO ex rel.
CHILDREN, YOUTH AND FAMILIES DEPARTMENT
No. ___________
In the Matter of
__________________________, (a) Child(ren), and Concerning,
__________________________, Respondent(s).
MOTION FOR TERMINATION OF PARENTAL RIGHTS
COMES NOW the New Mexico Children, Youth and Families Department, Petitioner,
and in support of this Motion to Terminate Parental Rights, states as follows:
1.
________________ is an unmarried child born on ________,_____, in
_________ County, State of ______________. (Repeat for each child)
2.
________________ (name(s) of child(ren)) is/are placed in ______________
(type of placement). No person, other than Respondents named herein, claims to have custody or
visitation rights to the child(ren).
3.
________________ (name(s) of child(ren)) is/are residents of New Mexico and
have been for more than six (6) months preceding the filing of this Motion for Termination of
Parental Rights. ________________ (name(s) of child(ren)) was/were placed by Petitioner from
___________ County, New Mexico.
4.
This action is governed by the New Mexico Children’s Code, Section 32A-1-1
NMSA 1978, et seq., and concerns minor child(ren) who is/are located in the State of New
Mexico.
5.
_______________ (name(s) of child(ren))’s mother is __________________, and
1
Petitioner seeks to terminate the parental rights of this individual.
6.
________________ (name(s) of child(ren))’s father is __________________, and
2
Petitioner seeks to terminate the parental rights of this individual.
7.
The grounds upon which termination of parental rights is sought are: (Select
appropriate option(s) and delete the rest)
a.
________________ (name(s) of child(ren)) has/have been neglected or
abused as defined in Section 32A-4-2 NMSA 1978, and the conditions and causes of the neglect
or abuse are unlikely to change in the foreseeable future despite reasonable efforts by Petitioner
or other appropriate agencies to assist the parents in adjusting the conditions which render the
parents unable to care for the children properly, pursuant to Section 32A-4-28 (B)(2) NMSA
1978.
b.
________________ (name(s) of child(ren)) has/have been abandoned by
the child(ren)’s parents, pursuant to Section 32A-4-28(B)(1) NMSA 1978.
c.
________________ (name(s) of child(ren)) has/have been placed in the
care of others, and the conditions enumerated in Section 32A-4-28(B)(3) NMSA 1978 apply.
8.
The facts and circumstances supporting the grounds for termination set out above
are as follows:
a.
________________ (name(s) of child(ren)) was/were placed in the
custody of Petitioner on _______________ , ____, pursuant to a law enforcement hold and
subsequent Ex Parte Order entered on ______________ (date of order) and have been in the
legal custody of Petitioner continuously since that date.
b.
________________ (name(s) of child(ren)) was/were adjudicated a/an
[abused] [and] [neglected] child(ren) in _____________ County District Court, Children’s Court
Division, in Cause No. _________, on __________, ____.
c.
Respondents are unable or unwilling to provide proper parental care or
control for ________________ (name(s) of child(ren)). Petitioner has provided or made
available services and support designed to correct this inability or unwillingness, but respondents
have either not utilized these services and support, or have been unable or unwilling to benefit
sufficiently from them, or both. It is unlikely that this situation will change in the foreseeable
future.
d.
(Insert further factual recitations in lettered sub-paragraphs as
necessary.)
9.
________________ (name(s) of child(ren)) is/are [not] subject to the Indian Child
3
Welfare Act.
10.
Petitioner, at __________________________ (insert CYFD office address),
requests that it be granted continued custody of ________________ (name(s) of child(ren)),
pending adoption.
11.
Termination is in the best interests of ________________ (name(s) of child(ren)),
taking into consideration the physical, mental, and emotional needs of the child(ren), including
the likelihood of the child(ren) being adopted if parental rights are terminated. (Add specific
facts if appropriate)
12.
(Use when appropriate.) This Motion is in contemplation of adoption.
13.
Petitioner currently has legal custody of ________________ (name(s) of
child(ren)).
WHEREFORE, Petitioner prays that this Court enter its Judgment terminating the
parental rights of _____________ (name(s) of Respondent(s)), with respect to
________________ (name(s) of child(ren)), and for such other and further relief as the Court
deems appropriate.
Respectfully submitted,
Attorney name
Children’s Court Attorney
Children, Youth and Families Department
Attorney address
Telephone: ____________
Facsimile: _____________
USE NOTE
1.
More than one person may need to be named as “father.” See Section 32A-5-
17(A)(4), (5) NMSA 1978.
2.
More than one person may need to be named as “mother.” See, e.g., Chatterjee v.
King, 2012-NMSC-019, 280 P.3d 283.
3.
If the child(ren) is/are subject to the Indian Child Welfare Act, 25 U.S.C. § 1901,
et seq., the petition must include the following:
(a)
the tribal affiliations of the child(ren)’s parents;
(b)
the specific actions taken by the moving party to notify the parents’ tribes
and the results of the contacts, including the names, addresses, titles and telephone numbers of
the persons contacted. Copies of any correspondence with the tribes shall be attached as exhibits
to the petition; and
(c)
what specific efforts were made to comply with the placement preferences
set forth in the federal Indian Child Welfare Act of 1978 or the placement preferences of the
appropriate Indian tribes.
[Approved, effective, August 1, 2000; as amended, effective May 1, 2003; 10-470 recompiled
and amended as 10-540 by Supreme Court Order No. 14-8300-009, effective for all cases filed or
pending on or after December 31, 2014.]
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